Family & Matrimonial

Our family team deals with all aspects of family law. Our solicitors are members of Resolution committed to providing a constructive approach and solution to Family problems. Our senior partner is a fully accredited Resolution specialist. Our areas of expertise include:

Divorce and Nullity

Financial Issues

Cohabitation Disputes

Children Disputes

Care Proceedings; Social Services

Injunctions and Domestic Violence

We aim to combine a practical and sympathetic help in what is often a very difficult time in our clients lives. We assist people from all walks of life and for those who qualify in both merit and means, funding can be via Legal Aid (public funding). We are contracted with the Legal Aid Agency to provide Legal Aid help in Family law. To find out if you are eligible to public funding contact our Family team.

Our expertise in Family Law is complemented by our extensive knowledge of Immigration Law. Where your case involves an international aspect care should be taken when dealing with jurisdiction. With some countries such as the Philippines a decree of Divorce may not be recognised.

Family / Matrimonial a brief introduction on terminology and procedure:

Divorce / Dissolution

There is only one ground of divorce/dissolution the irretrievable breakdown of a marriage/civil partnership which must be established due to one of the following 5 facts:

Unreasonable behaviour

Adultery

Desertion

Two years separation by consent

Five years separation

You will need to have been married or in a civil partnership for at least one year before making an application.

Financial Settlement

There will often be quite complex financial issues that arise both at the time of separation and where divorce or dissolution is contemplated or has been commenced. Whether you are able to reach an amicable agreement or there are disputes as to how assets should be divided we will help to simplify the process for you. From separation agreements to financial orders we will advise you of your legal rights and entitlements and help you to reach a secure legal resolution in your matter.

We can also assist with applying or defending applications to vary financial orders including maintenance and pension sharing orders.

Even where there are no assets to speak of it can be important to formalise an agreement so claims cannot be made in the future. Also where you have been co-habiting but are not married or in a civil partnership you could still benefit from a formal legal agreement to prevent future financial disputes following separation.

Children

Private Law

Where you have children their interests will be paramount during a separation. We can assist you with formalising arrangements for children without the involvement of the court through parenting agreements and mediation. Where the Court is involved there are a number of different types of orders that can be made with respect to children during private proceedings. Details of the different types of orders are set out below.

Child Arrangements Order

A Child Arrangements Order is an order confirming where a child lives, when the child spends time with each parent and when and what other types of contact take place. This order replaces ‘residence orders’ and ‘contact orders’.

Prohibited Steps Order

A prohibited steps order is an order granted by the court to prevent a certain action. These orders can prevent a parent from carrying out certain events or making specific trips without the consent of the other parent, where it relates to parental responsibility. However, an order can be made against anyone even if they do not have parental responsibility and are not a party to proceedings.

Injunctions

The family court can grant two main types of injunction. In cases which involve Domestic Violence you may be entitled to public funding (Legal Aid) to cover your legal costs with respect to these applications.

Non-molestation Order

A non-molestation order can protect you and any relevant child from violence or harassment including threatening violence against you. An order can be made against someone who has been physically violent, harassing, intimidating or pestering. Even if you wish to continue living with your abuser you can apply for a non-molestation order.

Where granted a number of restrictions can be placed against the subject of the order including that they must not be abusive, cannot make contact with you by any means and may not attend or contact for any reason your place of work.

Occupation Order

An occupation order deals with who lives at the family home or can enter the surrounding area. They can also limit the places that a person can go within the family home, for example preventing them from going into your bedroom. An occupation order can also require the subject to grant you access to your home where they have prevented you from returning and can require the subject of the order to continue to pay the mortgage, rent or bills at your home, even if they are not permitted in or within a certain distance of the property.

Where appropriate the Court can grant applications for both injunctions at the same time and urgent applications can be made without notice so it is not necessary that the subject of the order attend. However, in such cases they will later be given the opportunity to attend and raise objections to the granting of the order at a later hearing. Where an urgent application is granted without notice the initial order where granted will be made on an interim basis.

You may already have a Non-molestation order and/or occupation order in place which is due to come to an end. In such circumstances we can assist you with applying for an extension of the order.

Public Law

Care proceedings are cases in the family court started by the local authority (social services). Parties will usually be entitled to public funding for these types of cases where they meet the means and merits requirements. Our team can assist you with advice and representation where you are involved in care proceedings, including:

Care order This order gives the local authority parental responsibility for a child so they can make all important decisions with respect to the child with respect to education, health and their day to day life. Although parents will continue to have rights where a Care order is made the local authority will have the final decision with respect to parenting matters for the child. A Care order will be required where a local authority wishes to place a child with foster carers or with a family member or friend of the family.

Placement Order Where a child is to be adopted the local authority will require a Placement order in addition to a Care order.

Supervision order This order places a child under the supervision of the local authority and gives them the legal power to monitor the child’s needs and progress. A social worker will advise, help and befriend the child which in practice means they should support the family as a whole. However, they will not have decision making power over the child or parental responsibility.

Special Guardianship Order This order gives the Special Guardian parental responsibility for the child alongside their parents. The Special Guardian will be entitled to make most decisions about welfare of the child independently of the parents and will effectively be in charge with respect to decisions for the child. The Special Guardian will usually be an extended family member but can also be a family friend or other person.

It is necessary for the local authority to demonstrate to the Court that a child has suffered or is at risk of suffering significant harm due to the care they are receiving before granting a Supervision or Care order.

If you are involved in care proceedings or wish to seek advice where the local authority have indicated they are contemplating initiating such proceedings come and see us for an initial consultation, in most cases the cost will be covered by public funding.

Designated Judge of the First-tier Tribunal Digney on an application for permission to appeal to the Upper Tribunal on a complicated asylum matter

“As this arguable error of law has been identified [by the appellant’s representative] all the issues raised in the grounds are arguable.”

First-tier Tribunal Judge Osborne in a decision granting permission to appeal to the Upper Tribunal as to whether ‘time’ can be a legitimate aim to a proportionality assessment under Article 8(2) of the ECHR

“As [the] grounds make clear…”

Upper Tribunal Judge Eshun in agreeing with our Grounds for Permission to Appeal and granting permission to appeal to the Upper Tribunal by finding that the First-tier Tribunal made an error in its approach and interpretation of the EEA (Immigration) Regulations 2006

“In light of the detailed submissions in the skeleton argument upon which I indicated that my preliminary view was favourable…”

Judge of the First-tier Tribunal Roopnarine-Davies in allowing an appeal on a legal point of construction in respect of the Domestic Worker Rules and Statement of Changes HC628;

“The notice of appeal was accompanied by detailed submissions by the Appellant’s solicitors which I have read… I agree with [their] analysis…”

First-tier Tribunal Judge S J Widdup allowing an appeal in respect of an EEA appeal under the Imm. (EEA) Regulations 2006 and the Secretary of State’s duties on the approach to evidence of exercising Treaty Rights

“The claim [presented by the claimant’s solicitors]…is arguable…based on errors of law and/or reasoning.”

“The Respondent did not have the power to dispose of an application in such a way. Returning documents

Referring to (and agreeing) with our submissions in the Grounds of Appeal (and described orally in proceedings as “innovative”) that the Home Office practice of administratively returning EEA applications on account of insufficient evidence but falling short of making an “EEA decision” in order to bypass the right of appeal in Regulation 26 of the EEA (Imm) Regulations 2006, is unlawful (ultra vires).

“The grounds [submitted by Douglass Simon Solicitors] complain, arguably rightly, that the respondent’s decision to refuse the application and her daughter leave to remain h

Referring to detailed Grounds of Claim on a Judicial Review involving considerations of the child’s best interests under section 55 of the BCIA 2009 Upper Tribunal Judge Perkins considering Grounds of Claim on the papers in relation to an application for permission to apply for Judicial Review

“…a series of energetic submissions made…”

On oral submissions made at a hearing by reference to grounds of application Upper Tribunal Judge Peter Lane in relation to an application for permission to apply for Judicial Review (renewal hearing)

“The applications were submitted with detailed representations and submissions.”

and

“The notices of appeal are supported by grounds which run to 30

Judge of the First-tier Tribunal Hanley sitting in the First-tier Tribunal allowing an appeal which involved human rights factors arising from shortages in the care industry and the historical wrong of operating a system (a Shortage Occupation List) which was ultra vires under section 3(5) of the Immigration Act 1971 (as amended)

“…a good arguable [claim] for both claimants is revealed.”

HH Judge Anthony Thornton QC sitting as a judge in the High Court (Administrative Court) in relation to an application for permission to apply for Judicial Review

“The representations went on to weave a rich tapestry of argument, ranging from Aristotle to Lord Mersey, to the effect that there was space for the application to succeed wit

Immigration Judge M Symes in the First-tier Tribunal in allowing an Appeal which involved consideration of Paragraph EX.1 of Appendix FM, Human Rights and other discretionary factors.

“…very detailed, addressing each point of the Refusal in turn….a key ingredient in the amended grounds of appeal is that the Appellant is treated as a member of [the emplo

First-tier Tirbunal Judge R Sullivan in allowing an appeal on the papers following written submissions which applied the Court of Appeal’s ruling in Nambalat v Taher & Anor [2012] amongst other references to the case-law and policy

“I hope I do Mr. Sowerby’s [Barrister] submissions no disservice if I say that they did not materially add to the detailed and helpful grounds of appeal [prepared by instruc

Upper Tribunal Judge Moulden on an appeal which involved consideration of the Home Office’s policy on ‘evidential flexibility’

“If [the facts] are as asserted [by the appellant’s solicitors]…it is arguable that the decision was infected by a serious want of fairness”

Lord Justice Laws in the Court of Appeal granting permission pursuant to the second appeals test under Upper Tribunal Order 2008 (SI 2008/2834)

“It is the most learned pleading I have ever seen….it is a very serious document.”

Immigration Judge Blake in the First-tier Tribunal on grounds of appeal submitted in relation to Articles 8, 6 and 12 of the ECHR

“….the detailed grounds of claim…display a good knowledge of human rights and immigration law….”

On an application for Judicial Review before the Administrative Court - Mr. Justice Mitting in the Administrative Court

“In well crafted grounds of appeal prepared by the appellant’s solicitors [Douglass Simon]….the representatives were alert to the substitution of that paragraph by

Immigration Judge M. B. Hussain in the First-tier Tribunal

“The…evidence [provided by the appellant’s representative] is most comprehensive….it is carefully set out…”

Immigration Judge JR Devittie in the First-tier Tribunal

“I find that the reasons given by the respondent for refusing the appellant’s application lack any substance and that the same have been adequately and satisfactoril

Immigration Judge Pedro in the First-tier Tribunal

“Detailed grounds of appeal were prepared amounting to 14 pages of the appellant’s bundle….an attempt to explain how this could be made in an entirely innocent way

Immigration Judge Ferguson in the First-tier Tribunal

In dismissing an appeal by the Secretary of State in the Upper Tribunal “….as clear as day that these grounds [by the Secretary of State] are misconceived and should not

Upper Tribunal Judge Kopieczek

“The Appellant’s solicitors have set out at some length and with great force the arguments and the law….I agree with [them]…”

Immigration Judge Graham Campbell in the First-tier Tribunal

In allowing an appeal on a Tier 2 Points Based System matter “….Grounds of Appeal submitted on his behalf by his solicitors, Douglass Simon…are set out over thirteen p

Immigration Judge Sharp of the First-tier Tribunal

“There is…a detailed review of the law…in some considerable detail…”

Immigration Judge Sharp of the First-tier Tribunal

“It is also clear from the case-law in relation to the CCOL…to which Douglass Simon referred in the covering letter to the application that the mere obtaining of the CCO

Judge Randall of the First-tier Tribunal

“The appellant’s solicitors have submitted Grounds of Appeal. It is very detailed…the relevant parts are indeed very illuminating.”

Judge NMK Lawrence of the Firs-tier Tribunal in relation to the policy classification of "graduate level" jobs within Tier 2 of the PBS

“The [well-written] lengthy grounds seeking permission to appeal challenged the interpretation of the Rules and the Article 8 findings on 5 separate grounds.”

Upper Tribunal Judge Coker

“The grounds …are well argued and argue, inter alia, that Shahzad (s85A: commencement) [2012] UKUT 81 (IAC) applies. That may well be so…All grounds may be argued.R